Common use of Termination of Existing Credit Agreements Clause in Contracts

Termination of Existing Credit Agreements. Each of the Company, the Borrower and each of the Banks that is also a "Bank" party to the Existing Credit Agreements agrees that the "Commitments" as defined in the Existing Credit Agreements shall be terminated in their entirety on the Effective Date. Each of such Banks and Morxxx Xxaranty Trust Company of New York, as agent under the Existing Credit Agreements, waives (a) any requirement of notice of such termination pursuant to Section 2.09 of the Existing Credit Agreements and (b) any claim to any facility fees under the Existing Credit Agreements for any day on or after the Effective Date. Each of the Company and the Borrower (i) represents and warrants that (x) after giving effect to the preceding sentences of this Section 10.12, the commitments under the Existing Credit Agreements will be terminated effective not later than the Effective Date, and (y) no loans are, as of the date hereof, or will be, as of the Effective Date, outstanding under the Existing Credit Agreements and (ii) covenants that all accrued and unpaid facility fees and any other amounts due and payable under the Existing Credit Agreements shall have been paid on or prior to the Effective Date.

Termination of Existing Credit Agreements. Each of the Company, the Borrower The Company and each of the Banks that is also a "Bank" or "Lender" party to the Existing Credit Agreements agrees that the "Commitments" as defined in the Existing Credit Agreements shall be terminated in their entirety on the Effective DateDate in accordance with the terms thereof, subject only to this Section 10.07. Each of such Banks and Morxxx Xxaranty Trust Company of New York, as agent under the Existing Credit Agreements, waives (a) any requirement of notice of such termination pursuant to Section 2.09 2.08 or 2.09, as the case may be, of the Existing Credit Agreements and (b) any claim to any facility fees or other fees under the Existing Credit Agreements for any day on or after the Effective Date. Each of the Company and the Borrower Borrowers (i) represents and warrants that (x) after giving effect to the preceding sentences of this Section 10.1210.07, the commitments under the Existing Credit Agreements will be terminated effective not later than the Effective Date, Date and (y) no loans are, as of the date hereof, or will be, as of the Effective Date, outstanding under the Existing Credit Agreements and (ii) covenants that all accrued and unpaid facility fees and any other amounts due and payable under the Existing Credit Agreements shall have been paid on or prior to the Effective Date.

Termination of Existing Credit Agreements. Each of the Company, the The Borrower and each of the Banks Lenders that is also a "BankLender" party to the Credit Agreement dated as of April 30, 2004 among the Borrower, the lenders party thereto and JPMorgan Chase Bank, N.A., as administrative agent, or the Credit Agreement dated as of October 4, 2004 among the Borrower, the lenders party thereto and JPMorgan Chase Bank, N.A., as administrative agent (collectively, the "Existing Credit Agreements Agreements"), agrees that the "Commitments" as defined in the Existing Credit Agreements shall be terminated in their entirety on the Effective DateDate in accordance with the terms thereof, subject only to this Section 9.13. Each of such Banks and Morxxx Xxaranty Trust Company of New York, as agent under the Existing Credit Agreements, Lenders waives (a) any requirement of notice of such termination pursuant to Section 2.09 Article II of the Existing Credit Agreements and (b) any claim to any facility fees or other fees under the Existing Credit Agreements for any day on or after the Effective Date. Each of the Company and the The Borrower (i) represents and warrants that (x) after giving effect to the preceding sentences of this Section 10.129.13, the commitments under the Existing Credit Agreements will be terminated effective not later than the Effective Date, Date and (y) no loans are, as of the date hereof, or will be, as of the Effective Date, outstanding under the Existing Credit Agreements and (ii) covenants that all accrued and unpaid facility fees and any other amounts due and payable under the Existing Credit Agreements shall have been paid on or prior to the Effective Date.